Legal News

Proposition 5 proposes more treatment, less jail for non-violent drug offenders

By Jason Siegel

An initiative on the ballot this November seeks to increase treatment for drug offenders and eliminate incarceration for non-violent crimes involving drugs or done to feed their addiction, the Los Angeles Times reported. (here)

Under Proposition 5, the proposed Nonviolent Offender Rehabilitation Act, ex-convicts wouldn't be sent to prison for low-level parole violations, parole terms would decrease for some and possessing an ounce or less of marijuana would be an infraction, not a misdemeanor, according to the Times.

All state prisons would have a chief deputy warden for rehabilitation if the initiative passed, and inmates would be provided rehabilitation programs at least three months before their release, the Times reports.

The Los Angeles Times' editorial board took the side of opponents of the bill, claiming it was misguided do-goodery bound to create chaos. The editorial claimed that "Judges would likewise be unable to jail someone who stole a car, abused a spouse, drove under the influence (and injured someone), possessed an illegal weapon or committed a host of other crimes -- as long as the perpetrator swore that drugs made him do it. Even dealers profiting from others' addictions would be offered diversion."

Full post as published by Legal Pad | LA on October 02, 2008 (boomark / email).